19 answers

Have Questions Regarding Separation and Child Support

Hello mommas!

My husband and I have been married for almost 10 years and we have recently decided to split- my idea since he has never really done much for me or our kids- and now that he is gone I'm having a hard time paying bills and feeding my kids. When I asked him how much he will be giving me to help with the kids he replied "you are getting nothing from me" so I called child support services since I can not afford a divorce. I contacted them hoping they could force him to pay. Have any of you had experience doing it this way? I'd really like to know how long it will take before they get to him and then get the money to my kids! I just can't believe how a person can not take care of their kids! It amazes me and makes me wonder way I even married such a loser!

Also waiting to see a social worker with the state since I can't afford health insurance any longer but they tell me it will take 45 days! I'll be kicked out of my house before they get to me I'm afraid!

Thanks and ANY info or input you all can give would be great and appreciated!

What can I do next?

More Answers

If you have insurance through him, he cannot take you off his insurance without a qualifying event. Moving out is not a qualifying event. He cannot take you off his insurance in anticipation of a divorce either. You need to contact his employer and make sure they understand you're separated, but not divorced and that you understand your rights. There are very clear cut Federal regulations about insurance. If you're on his plan he CANNOT drop you in anticipation of a divorce or simply because he's mad.
Good luck!

1 mom found this helpful

Unfortunately, you will have to get a lawyer. Shop around; ask your social worker if there are pro bono ones. He has to pay child support, and by Michigan Law, you are entitied to some alimony, but the lawyer and court system have to work it out. It can be as costly as $6000-10,000 on the prvate sector. My friend just got a divorce. However, her kids are no longer minors. It takes about 8 - 12 months to finalize. You may qualify for Medicaid and food stamps. If you do not work and had been a sahm then more alimony should come your way. Good Luck and God Bless.

I've stood where you are now standing, & it's not easy. Every situation varies, in my case ex-husband was self employed, I could never prove just what he made. The FOC, closed the case after the children turned 18, with ex oweing 35,000+ we had been divorced for 17yr. the 2 girls 1yr & 2yr old when we seperated. You can file w/the FOC, & file for divorce later. If you can't hire an attorney now, get all documents as for his income yourself. Document everything, keep a folder for expences regarding the children. Best of luck to you & your children.

I am sorry this is going so badly for you and your girls. Are you in the Jackson area? If so feeding your girls will not be a problem. There is a community phone # that is staffed with paralegals and sites on the internet that will help you with the questions and preparations as you go thru the process. Even if you remain separated there is a legal status that requires your husband to help with support.

Friend of the Court is a good resources for you.

How's it going at work? are you holding up ok? Do the girls have what they need for school? Are your parents supportive?

warmly, M.

Call The Friend of the Court.

When I did it, I got a divorce. I am not sure that they will make him pay anything if you are still married. I filed for divorce and received my first support payment within 40 days, and he had to pay back support for when I had filed but we were just separated. I hope that you can get support in this situation, but I am not thinking that you can, but I am just a person, not a lawyer. You can get a divorce without a lawyer, the friend of the court does all of the custody stuff, the judge will be good with you, the problem is if he plays dirty, then you need to know what to do to defend yourself, like get references, and have mental evaluations done, and etc, that would cost the money, but my lawyer was awful, and didn't recommend these things, even though i asked for them, and i still got custody. They will see through him. Good luck, talk to your pastor, they (the church) will usually be willing to help.

Hi J.,

You actually don't want your divorce to be final until after your 10th wedding anniversary. When you've been married for 10 years you are entitled to spusal support. Unfortunately, I'm not sure there is much you can do to get money out of him until after the divorce is final and a child support amount has been ordered. I would suggest you look in the phone book for a Women's Survival Center in your area. They will have referrals for places to help you in the meantime. I know it's scary. I left my ex 9 years ago and it was really hard for us in the beginning with him gone, no support circle and no income from him. But we made it through and things are much better now. A good divorce attorney will know how to make your husbnd pay for all the expenses as mine did. Keep your head up and pray about it. You will make it through and everything will happen in God's time.

Blessings - S.

I don't know what county you're in but I know in Macomb County there are certain days that you can fill out your application for Food Stamps, Insurance... and go and wait to see a counselor. Make sure you take anything and everything the forms ask for (employment, mtg. coupon, utilities...) you can get qualified on the spot and get your benefits going within a week. Since you already filled out an application I would just fill out another one and go on the open days (get there early) and wait.
Good luck and Gods blessings.

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